June 2012 Update on Grace Lutheran Church - Eau Claire, WI

The following paragraph is by Dean Kallenbach about Grace Lutheran Church in Eau Claire, WI.

Friends, below is an update provided by Anne Carter, president of Grace Lutheran Church of Eau Claire to her congregation providing an update regarding the lawsuit filed against the congregation by former members who joined an ELCA Synod Authorized Worshipping Community calling itself Amazing Grace, but claiming in the lawsuit to be Grace Lutheran ELCA.

AN UPDATEYesterday Grace's attorney, Jay Heit, filed a "Third Party Summons and Defendant-Third Party Plaintiffs' Answer" in the lawsuit filed against Grace Lutheran Church by Amazing Grace ELCA, Inc. When the lawsuit was originally filed in November, Grace had three ways to respond: 1) Accede to the demands presented; 2) Move to dismiss the suit; or, 3) Answer the claims. As you all know, our motion to dismiss the suit was rejected by Judge GaleWyrick; and yesterday we answered the claims made against Grace. We also, at this time, had the right to counter-sue and enjoin other parties in the suit. We have enjoined the ELCA and the Northwest Synod of Wisconsin. This gives us the right to have answers to questions regarding decisions made about ELCA policy. We can also clarify the procedures used and the timetable of the adjudication brought against Grace and the Synod Council's decisions against Grace.

There are basically two parts to the document. The following briefly describes the contents of those two parts. (The phrases in quotes are taken directly from the Answer. A full copy of the Answer is available in the church office for your review.)

Defendants' Answer and Affirmative Defenses

The lawsuit claims that when Grace dually affiliated in April 2011 the church was effectively split into two separate legal entities. We deny that claim and deny the existence of any legal entity called Grace ELCA. "Grace Lutheran Church ...has for the last 100 plus years been one congregation and which has for all time periods relevant hereto continued to worship at Grace Lutheran Church building in Eau Claire." We also claim that there is no separate entity called Grace LCMC. We are all members of one church at 202 West Grand Avenue.

We "deny that all of the Plaintiffs are members of Grace Lutheran Church."

We assert that the court has no jurisdiction because dual affiliation occurred for theological reasons.

We assert that this is a violation of the First Amendment's Establishment Clause..."which prohibits government from interpreting church law, policies, or practices, and thus becoming excessively entangled in religious doctrinal matters."

We allege "that Plaintiffs' have failed to exhaust remedies available before pursuing a civil action."

We seek dismissal of Plaintiffs' complaint and ask for "an award of reasonable attorneys fee and costs as well as any other relief the Court deems just and equitable".

Counterclaim and Third-Party Claim

We claim that Grace Lutheran Church is governed by a duly elected Council and that no effort has been made to recall any of those duly elected Council members.

We claim that the Synod Council of NWSWI issued an improper letter decision regarding adjudication.

We claim that there was bias and prejudice against Grace throughout the adjudication process.

We claim that churches affiliated with the ELCA in 1988 because of a constitutional contract that the ELCA would continue to "abide by the historical and traditional interpretation of the Lutheran faith."

We claim that the ELCA has broken that contract with passage of the 2009 Social Statement.

We claim that since the ELCA has broken the contract, Grace is thereby relieved "from the rules and procedures of those affiliation agreements."

We claim that the Plaintiffs have improperly used the name Grace Lutheran Church "for their own purposes and to the detriment of Grace Lutheran Church"; that "the action of the Plaintiffs have been willful, wanton and malicious."

We seek a declaration that as a result of successful disaffiliation votes Grace is no longer a part of the ELCA.

and,

We ask for a jury trial.

It concludes, WHEREFORE, it is requested:1) That the case of the Plaintiffs be dismissed;2) That damages and costs be awarded on the counterclaims of the Defendants;3) That the appropriate declaratory relief be granted upon the allegations of the counterclaim and Third Party Complaint;4) That punitive damages be awarded;5) Any other relief deemed appropriate.

This is the first step in a very long process. The ELCA and Northwest Synod of Wisconsin will be served within the next two weeks. They have 45 days to respond. Both parties are to try and agree upon a mediator by mid-July 2012. If there is no agreement, both sides will offer nominations and the court will choose. Discovery will begin in August.

Again, these are just the bare facts. The lawsuit will be discussed again at the Council meeting on Tuesday, June 26.

Thank you for your continued support. Please continue to pray that God's will be done through all that is happening at and for Grace. Friends in far off places have already begun reaching out to offer help. We are not alone. We stand together for something bigger than all of us. We stand together in the name of Jesus. Anne